TaxTMI 
TaxTMI 
2001 (4) TMI 624
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....hakkar, Advocate, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The respondent to this appeal imported sheets second or defective quality and claimed the benefit of Notification 204/92. The advance licence produced by it for clearance of the goods was issued to another person and transferred to the respondent. The Department was of the view that the sheets used in the ....
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....tment. 3. The ground in the appeal, which the Departmental representative explains is that the fact of transfer of the licence by itself is insufficient to extend the benefit of notification to the goods imported by the transferee without showing the nexus between the imported goods and the exported goods. As the appeal itself says "The transferability endorsed on any licence would only me....
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....ides that the licence shall be transferred after the legal undertaking furnished by the applicant on the licence to complete the export obligation is redeemed. Condition 7 of the notification provides that the material exempted from the notification shall be discharged of export obligation "and no part thereof shall be disposed of in any manner before export obligation under the said licence has b....
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.... a licensee. The exemption is for the goods and no part of it refers to goods imported by any particular person. Therefore, for the notification to be admissible, it is not necessary to incorporate the condition in paragraph 8. The significance of paragraph 8 can then only be that it makes it clear that, where the export obligation has been fulfilled, the benefit of the notification can be allowed....